LG 55LW9800 - Manual (Page 154)

154 OPEN SOURCE LICENSE
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS
LICENSE ON AN “AS IS” BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT
THE COVERED CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE
RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED CODE IS
WITH YOU. SHOULD ANY COVERED CODE
PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT THE INITIAL DEVELOPER OR ANY
OTHER CONTRIBUTOR) ASSUME THE COST
OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS LICENSE. NO USE OF ANY
COVERED CODE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder
will terminate automatically if You fail to comply
with terms herein and fail to cure such breach
within 30 days of becoming aware of the breach.
All sublicenses to the Covered Code which are
properly granted shall survive any termination of
this License. Provisions which, by their nature,
must remain in effect beyond the termination of
this License shall survive.
8.2. If You initiate litigation by asserting a patent
infringement claim (excluding declatory
judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor
against whom You file such action is referred to
as “Participant”) alleging that:
(a) such Participant’s Contributor Version directly
or indirectly infringes any patent, then any
and all rights granted by such Participant to
You under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from
Participant terminate prospectively, unless if
within 60 days after receipt of notice You
either: (i) agree in writing to pay Participant a
mutually agreeable reasonable royalty for
Your past and future use of Modifications
made by such Participant, or (ii) withdraw
Your litigation claim with respect to the
Contributor Version against such Participant.
If within 60 days of notice, a reasonable
royalty and payment arrangement are not
mutually agreed upon in writing by the parties
or the litigation claim is not withdrawn, the
rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically
terminate at the expiration of the 60 day
notice period specified above.
(b) any software, hardware, or device, other than
such Participant’s Contributor Version,
directly or indirectly infringes any patent, then
any rights granted to You by such Participant
under Sections 2.1(b) and 2.2(b) are revoked
effective as of the date You first made, used,
sold, distributed, or had made, Modifications
made by that Participant.
8.3. If You assert a patent infringement claim
against Participant alleging that such
Participant’s Contributor Version directly or
indirectly infringes any patent where such claim
is resolved (such as by license or settlement)
prior to the initiation of patent infringement
litigation, then the reasonable value of the
licenses granted by such Participant under
Sections 2.1 or 2.2 shall be taken into account in
determining the amount or value of any payment
or license. 8.4. In the event of termination under
Sections 8.1 or 8.2 above, all end user license
agreements (excluding distributors and resellers)
which have been validly granted by You or any
distributor hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR
ANY DISTRIBUTOR OF COVERED CODE, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
LIABLE TO ANY PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS
OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF SUCH PARTY
SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY’S
NEGLIGENCE TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL
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